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Abstract

Background

This student thesis analyses similarities and differences betwen the laws of bioetechnology in Norway and France, focusing on the public debates in the two countries concerning these legislations. The public debate analysis is mainly restricted to analysing reports from Bioteknologinemnda and from its relevant public meetings and of reports from Comité Consultatif Nationale d’Éthiques (CCNE) in France. The topics subject of analysis are:

I have analysed the Norwegian and French laws pertaining to biotechnology involving Assisted Reproductive Technologies (ART), and also the relevant reports, included discussion documents, from Bioteknologinemnda and the CCNE.

Main results

PGD and PGD-HLA is legal in both countries under equal conditions. Until now however, PGD-HLA are just temporarily legalized in France, but the French government now suggests to legalize PGD-HLA on a permanent basis.

As a consequence of the changed marriage law in Norway, lesbian couples now have the right to access ART. In France, homosexuality is viewed as a social reason for infertility, and ART is reserved heterosexual couples for medical reasons- either infertility or infectious diseases.

Egg donation is forbidden in Norway, based upon the roman juridical principle Mater Semper Certa Est. In France however, this is legalized. From their point of view, there is principally no difference between the two.

Until this day, the French and the Norwegian government say no to surrogacy. This is because of the health risks for the surrogacy mother, the possible psychological risks for the child, lack of juridical protection of the couple wanting to have a child, and economical and global dilemmas.